Capital City Carriage Co. v. Moody & Son
Supreme Court of Iowa
Appeal from Jasper District Court.— Hon. John T. Scott, Judge. Plaintiff’s petition is in three counts in the first of which it asks recovery on a promissory note executed to it by defendants; in the second, recovery for an amount due as balance of account; and, in the third, damages for breach of written contract to deliver certain buggies to plaintiff at Des Moines in good condition, free of charges for transportation.
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Appeal from Jasper District Court.— Hon. John T. Scott, Judge. Plaintiff’s petition is in three counts in the first of which it asks recovery on a promissory note executed to it by defendants; in the second, recovery for an amount due as balance of account; and, in the third, damages for breach of written contract to deliver certain buggies to plaintiff at Des Moines in good condition, free of charges for transportation. The claim for recovery under the third count is in the alternative, on condition that recovery is not allowed to plaintiff on the first and second counts. As to the claims…
1Opinion of the CourtMcClain, J.
The transactions between the parties involved, in this controversy, so far as necessary to an understanding of their respective claims, are, briefly stated, as follows: Plaintiff, a manufacturer of buggies at Des Moines, having sold and delivered to defendants, retail dealers at Searsboro, a number of buggies for which ■ defendants had paid in part by the execution of two promissory notes, which were past due, sent its representative to defendants’ place of business to effect a settlement; and, after negotiations betweén this representative and defendants, a written agreement was entered into…
2Cases cited8 opinions
- The Elgee Cotton CasesSupreme Court of the United States · 1875
- Terry v. . WheelerNew York Court of Appeals · 1862
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Leonard v. DavisSupreme Court of the United States · 1862
- Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
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3Cited by4 opinions
- Cedar Rapids National Bank v. CarlsonSupreme Court of Iowa · 1912
- Hartley v. Lapidus & Holub Co.Court of Appeals for the Eighth Circuit · 1914
- Cole v. HarveySupreme Court of Iowa · 1909
- Mortemoth Co. v. Home Furniture Co.Supreme Court of Iowa · 1930